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Mark D. Rosen

Approaches  133 3.4 No Strict Priority  135 3.5 Does Soft Monism Offer Additional Guidance?  137 3.6 Beyond Balancing: Introducing the Metaphor of Orchestration  139 4 Conclusion and Prologue to Future Work 144 1 Introduction There are two possible ways to conceptualize the relationship

Regulating Religion in Italy

Constitution Does (not) Matter

Pietro Faraguna

government, judges, and the Constitutional Court in particular) tried to balance and develop the potentially conflicting principles included in the 1948 Constitution in the field of religious freedom, equality, and state-church relations. The article elaborates on three particularly controversial examples

Parvathi Menon

-conceptualized the advantaged-disadvantaged relationship and its balance, reducing the possibility of political processes to balance the relationship. What was construed as a redress for dichotomous relationships between the oppressor and the oppressed through (the right to) self-determination, became a (de

Pamela Henry and Karine Hamilton

, the findings highlight that the current international push toward securing children’s participatory rights still requires some balancing against traditional welfare concerns for children’s vulnerabilities. References Archard D. & Skivenes M. , ‘ Balancing a child’s best interests and a


Terrence Paupp

This work shows that not only is inclusionary governance possible, but that the essential legal foundation is already in place; all that is required is the compliance of nations with their obligations under international human rights law, and the centuries-old, nation-state-dominated, war-oriented “balance of power” will be gone forever.
Achieving Inclusionary Governance is an essential starting point for any study or project that aims to pursue, in today’s globalized environment, the democratic tradition on its historically mandated way to realizing the political, civil, and socioeconomic rights of all people.

Published under the Transnational Publishers imprint.


Edited by Joan Fitzpatrick, Piotr Hoffman, Sandra Coliver and Stephen Bowen

The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed.
This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers.
Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous.
Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.

Security of Residence and Expulsion

Protection of Aliens in Europe


Edited by Elspeth Guild and Paul Minderhoud

Although all European states grant some form of secure residence status to foreign nationals, substantial differences persist among them in the rights pertaining to that status, the grounds for losing it, and the degree of protection against expulsion. This volume explores the law protecting aliens in Europe under four headings: - The legal framework provided at the European level by the European Convention on Human Rights (especially Articles 3 and 8), its case law, and various subsidiary instruments of the Council of Europe; evolving European Union law based on the principle of freedom of movement, agreements between the EU and non-member states, and the 1997 draft convention on migration policies; and the implementation of this supra-national law at the national level; - The effect in the Nordic region and the Common Travel Area of the abolition of border controls, with special attention to the question of compensatory measures; - The issue of double jeopardy arising from the use of expulsion in conjunction with a criminal sentence, as illustrated in French and German case law; - The legal `balancing act' required in many cases to protect the public interest without violating a person's legitimate right to a secure residence, taking into consideration the potentially conflicting interests of the receiving state and the foreign national. Security of Residence and Expulsion: Protection of Aliens in Europe offers clear guidelines for policymakers on harmonising the principles underlying legislation in this area of critical and growing importance in European life. It will be of great value to practitioners and academics concerned with the extension of existing rules governing security of residence and protection against expulsion for long-term immigrants and their families.

Editor-in-Chief Jannemieke Ouwerkerk

Crime, criminal law and criminal justice are no longer purely national issues in today’s Europe. Criminal conduct is becoming increasingly denationalised because offenders can easily cross borders and through the emergence of the Internet and cyberspace. It is also increasingly common for individuals either to face criminal proceedings or to become victims of crime in countries other than their own. Nevertheless, efforts to combat crime, and to safeguard the rights of victims, are still organised on a, by and large, national basis.

These factors are driving the need for a better understanding of crime in Europe, as well as many important debates to which it gives rise. They include: how best to respond to crimes that affect more than one state; how to strike an appropriate balance between respect for national criminal justice traditions and the tendency to harmonise legislation and practice; and how to ensure that it is possible for suspects, offenders and victims to rely upon an adequate level of protection of their fundamental rights wherever they come into contact with a criminal justice system in Europe. Criminal policy is therefore increasingly prominent on the political agenda of the key European players, above all the European Union and the Council of Europe. Not only are their growing roles reshaping the governance of criminal law and justice, but these bodies are themselves becoming a target of offending behaviour.

The European Journal of Crime, Criminal Law and Criminal Justice provides a forum for public debate on these European issues. It seeks not only to bridge the gap between European players and European states, but also to afford space for a non-European view on developments in these fields. Our aim, in other words, is to offer a multi-dimensional international and comparative perspective on crime, criminal law and criminal justice in Europe. We welcome papers from any relevant disciplinary outlook or approach, including those that are contextually, doctrinally, empirically or theoretically based.

Publication Prize for the European Journal of Crime, Criminal Law and Criminal Justice
Brill|Nijhoff is delighted to announce the introduction of a bi-annual prize for the most outstanding article published in the European Journal of Crime, Criminal Law and Criminal Justice. To encourage and reward publication in the Journal, the author of the chosen article will receive 10 free copies of the issue in which their article was published as well as a €400 voucher for Brill|Nijhoff books.

The winner of the bi-annual prize will be chosen by the Editorial Board of the Journal. All authors who have had an article published in the Journal over the previous two years will be considered.

Online submission: Articles for publication in the European Journal of Crime, Criminal Law and Criminal Justice can be submitted online through Editorial Manager, please click here.

They should have a clear European focus: that is, they should discuss norms and/or policies of a European origin (European Union/Council of Europe); or compare the legislation, policies or practices in European states; or analyse the manifestations or representations of crime and/or its impact; or contribute to the criminological debate in Europe. As a rule, they should not exceed 8,500 words. Review articles as well as short contributions (i.e., significantly fewer than 8,500 words) discussing topical issues will also be considered for publication. Articles written in American or British English are acceptable, though the latter is preferred.

Need support prior to submitting your manuscript? Make the process of preparing and submitting a manuscript easier with Brill's suite of author services, an online platform that connects academics seeking support for their work with specialized experts who can help.